Applicant Name:  ?????

Application Receipt Date: 2012/02/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Upgrade discharge from General under Honorable Conditions to Honorable. As you can see from the enclosed VA rating decision awarding me 100% service connected disability for PTSD, I contend I should have never been given a General Discharge under Honorable Conditions as I was sexually assaulted on active duty. After the assault, on active duty I was given medication for anxiety and my daily reported symptoms were depression, isolation, poor concentration and self esteem problems. I received treatment on active duty at the Mental Health Clinic. To help cope with these problems I drank alcohol only on one day on Fathers Day and came to work late the next day. This resulted in Article 15 punishment of 45 days extra duty. Later I heard some people talking about my sexual assault about how could anyone let that happen and so forth. I got angry with them and was given another 15 days extra duty for disrespect to an NCO. When we got back from Iraq I was hospitalized for a surgery and discharged early with what I consider an unfair type discharge."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070626
Discharge Received: 			   Date: 070727   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 704th SPT Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050803, Disobeying a lawful command (050718), forfeiture of $339.00 (suspended); and extra duty for 14 days, (CG).

060329, Disrespectful in deportment and language toward a noncommissioned officer (060207), reduction to E2 (suspended); forfeiture of $333.00 pay; and extra duty for 14 days, (CG).

060815, Suspension of punishment of reduction to E2 was vacated for disobeying a lawful order from an noncommissioned officer (060814).

060925, Violation of a lawful general order (060617) and failure to go at the time prescribed to her appointed place of duty (060618), reduction to E1; forfeiture of $636.00 pay per month for two months; and extra duty and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): NA

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040707    Current ENL Term: 03 Years  20 Weeks
Current ENL Service: 	03 Yrs, 00  Mos, 21  Days ?????
Total Service:  		03 Yrs, 00  Mos, 21  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Operation   GT: 87   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (051204-061118)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for multiple violations under UCMJ (i.e., failing to report on multiple occasions; disrespecting and failing to obey a lawful order from a noncommissioned officer; disobeying lawful commands from a Company Commander; and violation of a general order while deployed to Iraq), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 26 June 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, the applicant indicated she would submit a statement, however, the statement was not found in the available records.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 3 July 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the documents, and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The applicant contends that because she was sexually assaulted on active duty and rated as 100% disabled by the Department of Veterans Affairs for Post Traumatic Stress Disorder her discharge should be upgraded to honorable.  The analyst noted the PTSD diagnosis from the Veterans Administration and the disability rating granted.  However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 11 April 2007, the applicant underwent a mental evaluation which indicates that she was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from PTSD does not mean she doesn't know the difference between right and wrong or that she did not have control over her behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       Further, there is no evidence of record and the applicant has submitted no probative medical evidence that she had a medical problem which rendered her disqualified for further military service and that she was not able to perform her duties, with either medical limitation or medication.  
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Documents from the Department of Veterans Affairs reference Rating Decision, dated 14 May 2008, and DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.




















        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder





















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120003345
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